Hon’ble Mrs. Rumpa Mandal, Member.
In a nutshell the case of the Complainant is that Smt. Kourabi Barman deposited cash of Rs.30,010/- in favour of the OP i.e. Reliance Nippon Life Insurance( Reliance Securities) and accordingly OP issued one money receipt dated 28.03.2023 in favour of the Complainant (Annexure-A is the copy of money receipt). At the time of opening the life insurance policy OP stated that the term period of policy would be 5 (five) years and also stated that insurance policy would be sent automatically through registered post in the address of the resident of the Complainant within 7(seven) days but till today Complainant is yet to receive the life insurance policy. Accordingly, on 16.06.23 the husband of the Complainant was bound to file written complaint against the OP and OP received the same (Annexure- B & c being the copy of written complaint dated 16.06.23). Subsequently, Complainant knew about the Chief Manager i.e. Ankit Kr. Jaiswal that he received money from all the customers but did not issue any policy and in this respect office of the OP filed written complaint against Ankit Kr. Jaiswal before the IC, Kotwali P.S. on 19.05.23 (Annexure-D being the copy of F.I.R.). The Complainant demands that she is legally entitled to get the copy of the policy or refund premium amount from the OP. After receiving the written complaint OP still today did reply the same. The above activities of the OP is totally illegal as well as deficiency in service. The cause of action arose on 28.03.23 when the OP received policy premium and on 16.06.23 when the husband of the Complainant filed written complaint and it is still continuing.
So, the Complainant files this instant complaint seeking several reliefs and for an order directing the OP to refund life insurance premium amount of Rs.30,010/- with up to date interest or issue policy in favour of the Complainant and to pay Rs.1,00000/- for deficiency in service as well as mental pain and agony and Rs.20,000/- towards litigation cost.
Notice has been served upon OP after filing the case against which there was postal remark of “Item Delivery Confirmed” on 24.07.23. Accordingly, this Commission by its order No.03 dated 22.08.23 decided to hear the case ex-parte against the OP.
The Complainant in order to substantiate the case filed evidence on affidavit and proved different Annexures.
Perused the pleadings of the Complainant and the documents in the case record. Heard the argument advanced by Ld. Advocate for the Complainant. The statements made in the evidence on affidavit are absolutely in consonance with the averments made in the complaint petition.
The Complainant in order to establish the case produced and proved the following documents.
- Annexure- A copy of money receipt issued by OP i.e. Reliance Nippon Life Insurance.
- Annexure- B & C copy of written complaint dated 16.06.2023.
- Annexure-D copy of F.I.R.
All the aforesaid documents proved by the Complainant stand un-discarded and un-challenged in as much as the case is heard ex-parte.
After perusing all the documents and adduced evidence by the Complainant it transpires that after depositing cash amounting to Rs.30,010/- in favour of the OP company on 28.03.23 for which OP issued money receipt on the same day. OP stated that the term of policy period would be 5(five) years and automatically insurance policy would be sent through registered post in the address of the Complainant’s resident within 7(Seven) days but till today Complainant did not receive the same. Accordingly, Annexure-A is copy of money receipt. Annexure-B & C are the copy of written complaint dated 16.06.23 before the OP. Annexure-D is the copy of the F.I.R. against Ankit Kr. Jaiswal before the IC, Kotwali P.S. on 19.05.23.
After assessing the oral and documentary evidence of the Complainant it stands proved that the OP acted in a manner by not issuing the insurance policy to the Complainant which tantamounts to deficiency in service. There is nothing to show that the Complainant did not pay the premium of the amount of the insurance policy and she is not entitled to get the Life Insurance Policy.
The OP could not explain as to why the money receipt is not issued in the name of the Complainant.
Accordingly, the case of the Complainant stands proved ex-parte.
Hence, it is
Ordered
That the complaint case No. CC/52/2023 be and the same is allowed ex-parte with cost of Rs.10,000/-.
The Complainant Smt. Kourabi Barman do get an award for refund of Life Insurance premium of amount Rs.30,010/- and Rs.30,000/- towards deficiency in service as well as mental pain and agony against the OP.
The OP, Officer-In-Charge of Reliance Nippon Life Insurance is directed to pay a sum of Rs.70,010/- to the Complainant by account payee cheque within 30 (thirty) days from the date of passing the Final Order failing which the OP shall pay an interest @ 6% per annum on the awarded sum from the date of passing the Final Order till the date of its realisation.
The complaint case is disposed of.
D.A. to note in the trial Register.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.
The copy of the Final Order is also available on www.confonet.nic.in.
Dictated and corrected by me.
